402.314 Implied warranty: merchantability; usage of trade.

195 words·~1 min read·/wi/chapter-402/402-314-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Unless excluded or modified (s. 402.316 ), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

(2)Goods to be merchantable must be at least such as:

(a)Pass without objection in the trade under the contract description; and

(b)In the case of fungible goods, are of fair average quality within the description; and

(c)Are fit for the ordinary purposes for which such goods are used; and

(d)Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and

(e)Are adequately contained, packaged, and labeled as the agreement may require; and

(f)Conform to the promises or affirmations of fact made on the container or label if any.

(3)Unless excluded or modified (s. 402.316 ) other implied warranties may arise from course of dealing or usage of trade.